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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 139003
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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Sanchez, I am an international student in the US and I am

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My name is***** I am an international student in the US and I am writing to inform you that I graduated this past May 7th from Coahoma Community College Sports Teaching Education, I have two more years of eligibility to play baseball and I just received a scholarship from Brewton-parker College to play baseball for the next two years and continue my Education. and My I-20 was determined on August 11, 2020, by Blue Mountain College while I was in the process of being accepted to Coahoma Community College, the Coahoma DSO helped me apply for the I-539 form to reinstate my SEVIS status. On September 15, 2020, I applied and I still have not received a response from the USCIS, it still says my case is in process.My question is, should I cancel this application as it has been in process for almost 2 years, and file another application for I-539 reinstatement of my Sevis status at Brewton-Parker College? or what should I do?

Hello! My name is***** and I am a licensed attorney with more than 20 years of experience. I am here to assist you with your questions. If I do not respond quickly, I promise I will reply as soon as I can. It may take a little time to research and write your answer, I could be helping other customers, or I could be attending to personal clients as I have my law practice. Also, the system may send a message asking if you want to upgrade to a phone call. That is automated. You can ignore it if you like and continue here for no additional charge, or if you find it easier to speak, upgrade as it is usually worth it.

Remember, if I do not respond quickly, I am NOT ignoring you. I am here. I may just be busy. I am confirming by this response that I did receive your question, but if you want to make sure that this session doesn't escape my notice, just send me a short reply. Thank you for your patience.

Sorry for the delay.  Have you spoken to your Designated School Officer (DSO) about this?  What do they say?

Customer: replied 12 days ago.
my DSO wants me wait the USCIS take the decisions about my case because she hasn’t options to transfer my I-20 pending to the new school! But I contacted SEVIS services about what can I do ? And they told me cancel the old I-539 form and make a new I-539 form to the new school. But my question is can be this possible?

Well, yes, but it could be dangerous.  What date did you fall out of status?  What date did you file the I-539?

Customer: replied 12 days ago.
On September 15, 2020, I applied For reinstatement my status and June 15, 2021I received a biometric appointment to go on july 16, 2021I went there, everything good they took my fingerprints so on may 2022 I received I notification of they take action in my case and said my print fingerprints was taken. So I am waiting do you think my case gonna be approved soon ?

But what date did you fall out of status?

Sorry.  That message was not for you.  What date did you fall out of status?

Customer: replied 12 days ago.
I fall out status on 9 August 2020 and I applied for I-539 on 15 September 2020
Customer: replied 12 days ago.
It’s okay Sr. Guillermo !
Customer: replied 12 days ago.
I have proof and everything of my DSO that terminated my sevis
Customer: replied 12 days ago.
I have an letter about him talking about my situation!

Ok.  And since you are supposed to apply for reinstatement within 5 months of falling out of status, it might be a problem to withdraw the current I-539 to file a new one because the new one would be outside of the 5 month period, correct?

Customer: replied 12 days ago.
sir you just gave me a low blow because you really are right. but I don't know why the SEVIS service told me that I could do it. I contacted the SEVIS service through a call last week and explained my situation and they confirmed that if I could make the transfer while my case was pending, only I had to send by my USCIS account my letter of acceptance to the new school and the scholarship letter confirming that I will go to that school. then I contacted my DSO. but she told me that my I-20 doesn't give her the option to transfer my SEVIS to the new school.Wya do you think I should to do ?
Customer: replied 12 days ago.
File attached (Z254256)
Customer: replied 12 days ago.
I have some proof that they told me that!
Customer: replied 12 days ago.
File attached (L73TQMM)

I think you should reinstate with your current school and then transfer after reinstatement.  What's wrong with doing that?

Customer: replied 12 days ago.
The bad thing is that I have almost two years waiting for my reinstatement. And I've already graduated from that Community College and I'm here studying, it's because I'm a good baseball player and the school I've been to is because I'm a good baseball athlete. and I can't play at community college anymore. because I'm going to be a junior next year so I just got a great offer from Breton-Parker college to go play there for the next two years and continue my studies. and I have to go to a 4 tear school to continue studying because I received a scholarship of 28 thousand dollars and the university costs 29 thousand. And I don't want to. I have Awui family in the United States. I'm staying with a friend who knows I'm going back to college in August. And if I don't go to college in August because my case is still pending, I don't know what to do. because i dint have where to go. and i dont want to go to my home, because if I leave the country I will abandon the case and that will bring me problems!
Customer: replied 12 days ago.
In conclusion is that I don't want to miss out on this great opportunity to further my education and baseball career.

You may do any or all of the following to move the case along, even if you have done them before, try again:

1) Call the USCIS Customer Service number at 1-***-***-****. Through this method, you MIGHT be able to make an appointment to speak in person with an immigration officer to find out the status, but no guarantees. Here is a link: https://www.uscis.gov/contactcenter And another: https://my.uscis.gov/en/appointment/v2

2) You may contact your U.S. Congressmen to get them involved and have their staff push the case along. Here is a helpful link to help you with this: https://www.usa.gov/elected-officials. Remember that there are three U.S. Congressmen, two U.S. Senators, and a U.S. Representative. So if one is not helpful, try one of the others. They usually have staff dedicated to issues like this.

3) Finally, you could hire an attorney to find out the status and push the case along. You can try to find one at http://www.ailalawyer.com/. But honestly, they probably won't do much more than what you can do on your own.

Unfortunately, unless you have around $10,000 or so to sue the U.S. government in what is called a Mandamus Action, the money you will not get back even if you win, there isn't much else that you can do. I am genuinely sorry. I wish I had better news.

If none of that works, you may have no choice but to leave the U.S. and apply for an F-1 visa to come back to study with the new school, even though there is a risk of denial.  I am truly sorry.  I wish I had better news.  If you have less than 180 days of unlawful presence from the date that you fell out of status until the date that you filed the I-539, you wouldn't have an automatic bar where you would need a waiver, but the risk of denial is still there.

What else may I answer for you? I want to make sure you are satisfied and happy with my service.

Customer: replied 12 days ago.
I want to show you my case history. because they take action like one month ago and, you think after they took my fingerprinter it is good news that my case will be done soon?
Customer: replied 12 days ago.
File attached (M766624)

I think it is moving along.  Other than that, I cannot say.  


What else would you like to know? It is important to me that you be satisfied and pleased with the answers that I have provided.

Customer: replied 12 days ago.
I will give you a 5 star but I want to ask you all the doubts I have. so my next question is. You just told me that if I am out of status for 180 days, it is possible that my case will be denied or what?

What date was your F-1 status terminated?

Customer: replied 12 days ago.
Because my F1 visa expires in the year 2023 in August, I have not left the country since I applied for this form, can that give me problems? My I-20 was determined on August 11, 2020.

Ok.  Because you filed the I-539 the following month, you did not even get close to 180 days of unlawful presence.  The filing of the I-539 halted the accumulation of unlawful presence.  So if you do have to leave the U.S., there is no automatic bar against you.

What other U.S. Immigration Law questions do you have for me? I hope you are pleased with my service. All I want to do is help.

Customer: replied 12 days ago.
Ok. sir. When the USCIS already takes your fingerprints, what is the next step they take after that?

A decision on your case, most likely.  

What else may I answer for you?

Customer: replied 12 days ago.
your answer about canceling my current application, and making another one for the school I'm going to. won't you help me?
Customer: replied 12 days ago.
because I plan if I do that I will send all the acceptance proofs from the school I graduate to, my transcripts and the acceptances from my school I will go to and proof that SEVIS told me to do that!

I think that would be a risk because it would be outside of the normal 5 month period for reinstatement.  


What else would you like to know? 

Customer: replied 12 days ago.
you are right sir. because I have friends who applied for this in December and were approved in January and I don't know why mine has taken so long. because my i-20 was canceled by mistake. The DSO of the school that canceled me never contacted me to find out if I was going to continue studying and I was already in the acceptance process at another school, so my sevis was canceled because I didn't enroll. i have searched and it says that an i-20 determined by not registering has the opportunity to be transferred to any school and that is what i did. but in the year of COVID. and sir i really feel very sad right now and i don't know what to do.

I understand.  Hopefully, you will get an approval soon.  

What other U.S. Immigration Law questions do you have for me?

Customer: replied 12 days ago.
for now i dont have question sir
Customer: replied 12 days ago.
for now i dont have question sir

Thank you for being a valued customer. Due to time constraints, I am not really available for follow-up questions, but if you need more help or for any situations in the future, please post a NEW session and remember to write FOR GUILLERMO in the message box so that no one else grabs the question. That way, I can become your exclusive immigration consultant. Also, I am not currently taking active cases for representation, but I am accepting certain cases for review and for a very competitive price. Those cases are primarily Adjustment of Status, Removal of Conditions on green cards, and Naturalization. If interested, please let me know so that I can send you a Premium Service request for just a few dollars to discuss in private. I hope you continue to use Just Answer in the future. It really is a great site where, from the comfort of your own home or office, you can communicate with experts in many different areas apart from Legal like Medical, Tax, Automotive, Computer, Electronics, and the list goes on and on. Thanks again and good luck in all your endeavors!

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